NEVADA LEGISLATURE

THE FIFTY-SEVENTH DAY

Carson City (Monday), March 31, 2003

Assembly called to order at 11:12 a.m.

Mr. Speaker presiding.

Roll called.

All present.

Prayer by the Chaplain, Pastor Richard Campbell.

Most Gracious God, we humbly pray to You for the people of this nation in general and the citizens of Nevada in particular. Our special prayers go out to all those men and women who are serving our country in these perilous times. Be gracious to us all this day. Especially bless this Assembly as it deliberates on our behalf. May its actions be to Your glory and to the safety, honor, and welfare of the people. May their work this day be upon the best and surest of foundations, that peace, happiness, truth, and justice may be established among us. Accept now our thanksgiving for Your presence in our lives. We pray in Your glorious name.

Amen.

Pledge of Allegiance to the Flag.

Assemblyman Oceguera moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.

Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 182, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Commerce and Labor, to which was referred Assembly Bill
No. 139, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Also, your Committee on Commerce and Labor, to which was referred Assembly Bill
No. 221, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Also, your Committee on Commerce and Labor, to which was referred Assembly Bill
No. 231, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

David Goldwater, Chairman

Mr. Speaker:

Your Committee on Elections, Procedures, and Ethics, to which was referred Assembly Bill No. 35, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Chris Giunchigliani, Chairman

Mr. Speaker:

Your Committee on Government Affairs, to which was referred Assembly Bill No. 67, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Also, your Committee on Government Affairs, to which was referred Assembly Bill No. 217, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mark Manendo, Chairman

Mr. Speaker:

Your Committee on Judiciary, to which was referred Assembly Bill No. 443, has had the same under consideration, and begs leave to report the same back with the recommendation:
Do pass.

Bernie Anderson, Chairman

Mr. Speaker:

Your Concurrent Committee on Judiciary, to which was referred Assembly Bill No. 246, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Bernie Anderson, Chairman

Mr. Speaker:

Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 19, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

MOTIONS, RESOLUTIONS AND NOTICES

Notice Of Exemption

March 30, 2003

The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of: Assembly Bills Nos. 57, 268, 281, 314, 329, 332, 341, 357, 366, 371, 372, 387, 392, 430, 463, 464, 473, 474, 475, and 480.

Mark Stevens

Fiscal Analysis Division

By Assemblymen Parks, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Perkins, Pierce, Sherer, Weber, and Williams; Senators Rawson, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O’Connell, Raggio, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington, and Wiener:

Assembly Concurrent Resolution No. 13—Designating March 31, 2003, as Homeless Awareness Day in Nevada.

Whereas, The 2002 Needs Assessment report from the Division of Mental Health and Developmental Services of the Department of Human Resources indicates there were
7,612 people in homeless shelters in Las Vegas and Reno in the year 2000, with a need to serve at least 16,049 people, and with 42 percent of these being families with children under 18 years of age; and

Whereas, Recent estimates from service and housing providers indicate there are at least 16,300 literally homeless and precariously housed people in the greater Las Vegas area and approximately 6,500 literally homeless and precariously housed people in the Reno and Sparks area; and

Whereas, Nationally, approximately 11 percent of homeless people are veterans, but nearly one-third of the homeless population in Clark County are veterans; and

Whereas, In Nevada, approximately 55 percent of the homeless population are white,
35 percent are African-American and 10 percent are Latino; and

Whereas, Studies indicate that between 70 and 80 percent of the homeless people in Nevada are unemployed, while those who are employed work day-labor jobs earning less than $400 a month; and

Whereas, According to service and housing providers, the major barriers homeless people face in trying to find employment are the lack of child care, unmet needs regarding transportation, disqualifying criminal backgrounds, inability to afford a Sheriff's card or other costs, and potential employers’ distrust and lack of understanding about their situation; and

Whereas, The “Focus on Homeless Families with Children Policy Academy,” a federally sponsored program consisting of key state and local administrators, state Legislators and nonprofit executives has prepared a “State Action Plan,” and continues to meet and gather data on various aspects of homelessness, including establishing baseline data on the homeless client population, developing an inventory of affordable housing units, and developing an inventory of services for homeless clients; and

Whereas, The Task Force for the Fund for a Healthy Nevada awarded Community Chest, Inc., a grant of $89,000 for Fiscal Year 2003-2004 and $25,000 for Fiscal Year 2004-2005 to create a documentary on homeless youth in Nevada; and

Whereas, The members of the Nevada Legislature recognize the outstanding efforts of the numerous state and local governmental agencies and various nonprofit entities dedicated to fighting the homeless problem in the State of Nevada; now, therefore, be it

Resolved by the assembly of the State of Nevada, the Senate Concurring, That March 31, 2003, is hereby designated as Homeless Awareness Day in Nevada; and be it further

Resolved, That the members of the 72nd Session of the Nevada Legislature hereby express their commitment to creating a greater public awareness of the problem of homelessness in Nevada and to continue to work cooperatively to solve this problem; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Marybel Batjer, Chief of Staff to Governor Kenny C. Guinn and Chairman of the Nevada Policy Academy Team on Homeless Families with Children.

Assemblyman Parks moved the adoption of the resolution.

Remarks by Assemblymen Parks, Buckley, Ohrenschall, and Gibbons.

Assemblywoman Buckley requested that the following remarks be entered in the Journal.

Assemblyman Parks:

Thank you, Mr. Speaker. There is a homeless problem in Nevada, as well as the
United States, and it will not go away. In fact, it is getting much worse every year. One of the reasons this is not a popular topic to talk about is that we live in the greatest country in the world, and we have tens of thousands of men, women, and especially children, wandering our streets with no place to call home. This is truly a national tragedy. This is not a Republican or Democratic problem. This is not someone else’s problem; it’s our problem and we must find a way to solve it.

Many of us have numerous options in our lives. It’s hard to imagine becoming homeless because we know we have many alternatives to being on the street. This is not true for most people who are, in fact, homeless. They have run out of good options. That’s why they are on the street. They constantly have to choose very limited, mostly unattractive, alternatives that usually don’t do much to improve their lives. These limited options are what keep people trapped on the street. They are frustrated, in crisis, trying to beat the odds. Sometimes, after all options seem exhausted, people stop trying. They have a “Hobson’s choice.” This is defined in the dictionary as the choice of taking the things offered or nothing at all. People are not homeless on their own terms. They work with the options they have.

I’d like to close by citing a portion of a song I know all of us have heard by Phil Collins. It is from the song, “Another Day in Paradise”:

She calls out to the man on the street,

"Sir, can you help me?

It's cold and I've nowhere to sleep,

Is there somewhere you can tell me?"

He walks on, doesn't look back.

He pretends he can't hear her.

Starts to whistle as he crosses the street.

Seems embarrassed to be there.

Oh think twice, it's another day for

You and me in paradise.

Assemblywoman Buckley:

Thank you, Mr. Speaker. I rise in support of ACR 13. I can’t imagine what it would be like to live on the street. I can’t imagine not getting up every day and coming to my job or public career like I have here, thankful to be at my job and doing public service. I can’t imagine not having a warm family, a beautiful home to go to every night—to feel abandoned. Especially for those who don’t choose to be homeless, but are homeless because they came to Nevada seeking a good job but did not find one, then received a five-day eviction notice. Or for those who choose to live on the street because “Things are so bad, I don’t want to go back to my home.” I can’t imagine anything worse.

The homeless problem is viewed as being difficult and intractable. I don’t think it is at all. I think what we do is we try to save people, one person at a time. We have shelters so that people don’t die on the streets. For those who want help, who want jobs, we help them get them.

When I was the president of the Southern Nevada Homeless Coalition in 1991, I think it was the most difficult job that I had. The solutions were pretty clear, but political will was nowhere to be found. I don’t think the situation is much different today and that is sad. The one strength, though, that we do have all over the state, are the tremendous people who work every day to make it different, whether they are faith-based organizations that do so much of this work; or whether they are nonprofit groups like the Nevada Health Centers, Shade Tree, and others; whether it’s county and city staff, who do such a good job on this issue, but perhaps don’t get the support they need from up top; whether it’s advocates. We have one such advocate who is not affiliated with any group, but just goes out every day to try to save people. They are our resources and the only progress we are making, I think, is because of them. I think as we turn our attention to this Homeless Awareness Day, let’s do all that we can to try to bring attention to this problem and to support those who are out on the streets every day, trying to make a difference.

Assemblywoman Ohrenschall:

Thank you, Mr. Speaker. I, too, rise in support of this resolution. I think it is important, as we vote for it, that we realize that it’s not a situation of “us” trying to help “them.” They really are not different from any of us in this room. There, but for the grace of God, could go any of us. One small investment gone wrong, one necessary layoff because of an economy gone bad, and someone could suddenly end up homeless. That is why we have to acknowledge our brothers and sisters and their problems and try to be there to help them. Thank you.

Assemblywoman Gibbons:

Thank you, Mr. Speaker. I, too, rise in support of ACR 13. Having had a business in downtown Reno for many years, the homeless problem is more than what we really would want to recognize. It is all around us. I saw it every day. Of course, in those early years, in the early 1970s, when I first opened my business, I wanted to help them. There weren’t all these regulations. Many times, I would have a few of them sleep in the basement of my office. I’m sure now there would be no way I could do that. However, I did get acquainted with some of them very well. A lot of times they would be hungry and would dollar me to death or five-dollar me to death. I learned a lot, however, from them. Some people ended up becoming hard on their luck. They had been successful, a lot of times, previously, in areas of their life. Circumstances just happened to get the best of them.

People remember when you reach out to help. I want to share this story that is personal. I hope you don’t find it offensive because it is very precious and sweet. This gentleman had been homeless and I had seen him many times, and he came to visit me often. He shared with me some of the stories of the street, but, as you know, it gets very cold in Reno and sometimes he wasn’t able to find shelter. If I wasn’t there late at night, I was unable to let him into my business. One night, he died. I did not know about it for a few weeks. I was then contacted by the police and was told he had left me something. It was his ashes. I think that is very precious because it showed that he didn’t have anything to give but what he did have he wanted for me to remember and share with other people. I think it is a unique opportunity. I have never told this story publicly to anyone but I wanted to share with you today to let you know that when we reach out and help people, they remember. Thank you, Mr. Speaker.

Resolution adopted unanimously.

Assemblyman Parks moved that all rules be suspended and that
Assembly Concurrent Resolution No. 13 be immediately transmitted to the Senate.

Motion carried unanimously.

SECOND READING AND AMENDMENT

Assembly Bill No. 48.

Bill read second time.

The following amendment was proposed by the Committee on
Commerce and Labor:

Amendment No. 35.

Amend the bill as a whole by deleting section 1 and adding a new section designated section 1, following the enacting clause, to read as follows:

“Section 1. NRS 607.160 is hereby amended to read as follows:

607.160 1. The Labor Commissioner:

(a) Shall enforce all labor laws of the State of Nevada ~~[the]~~ :

(1) Without regard to whether an employee or workman is lawfully or unlawfully employed, to the extent that doing so does not conflict with or infringe upon federal law; and

(2) The enforcement of which is not specifically and exclusively vested in any other officer, board or commission . ~~[; and]~~

(b) May adopt regulations to carry out the provisions of paragraph (a).

2. Whenever after due inquiry the Labor Commissioner believes that a person financially unable to employ counsel has a valid and enforceable claim for wages, commissions or other demands, he may present the facts to the Attorney General showing:

(a) The names of the claimant and his alleged debtor.

(b) A description and the location of the property on which the labor was performed, if the claim is for wages, or which is the office or place of business of the debtor if the claim is for a commission, and the right, title and interest of the debtor therein.

(d) The time the claimant began and the time he ceased the labor.

(e) The number of days’ labor performed by him during the employment and the rate of wages or commission arrangement and terms of the employment.

(f) The date or dates and the amount, if any, paid on the claim.

(g) The balance due, owing and unpaid on the claim.

(h) The date on which a demand for payment was made upon the debtor or his agent or representative, and the response, if any, to that demand.

(i) The names of the witnesses upon whom the claimant expects to rely to provide facts and to what facts each of the witnesses is expected to testify.

3. The Attorney General shall prosecute the claim if he determines that the claim is valid and enforceable.”.

Amend sec. 2, page 2, lines 5 and 6, by deleting: “and includes, without limitation, aliens”.

Amend sec. 3, page 2, lines 14 and 15, by deleting: “and includes, without limitation, aliens”.

Amend sec. 4, page 5, line 7, by deleting “an employer” and inserting: “a contractor or subcontractor”.

Amend sec. 4, page 5, lines 9 and 10, by deleting: “and includes, without limitation, aliens”.

Amend the bill as a whole by adding a new section designated sec. 5, following sec. 4, to read as follows:

“Sec. 5. This act becomes effective upon passage and approval.”.

Amend the title of the bill to read as follows:

“AN ACT relating to labor; clarifying that the duties of the Labor Commissioner include the enforcement of certain provisions related to labor without regard to whether a person is lawfully or unlawfully employed; clarifying that the provisions relating to compensation, wages and hours include persons unlawfully employed by revising the definition of “employee”; clarifying that the provisions relating to occupational safety and health include persons unlawfully employed by revising the definition of “employee”; clarifying that the provisions relating to public works projects include persons unlawfully employed by revising the definition of “workman”; and providing other matters properly relating thereto.”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblyman Goldwater.

Amendment adopted.

Bill ordered reprinted, engrossed, and to third reading.

Assembly Bill No. 145.

Bill read second time.

The following amendment was proposed by the Committee on
Commerce and Labor:

Amendment No. 32.

Amend the bill as a whole by adding a new section designated sec. 2, following section 1, to read as follows:

“Sec. 2. This act becomes effective on July 1, 2003.”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblymen Goldwater and Buckley.

Amendment adopted.

Bill ordered reprinted, engrossed, and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Anderson moved that Assembly Bill No. 335 be taken from the Second Reading File and placed on the Chief Clerk's desk.

Remarks by Assemblyman Anderson.

Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 178.

Bill read second time and ordered to third reading.

general file and third reading

Assembly Bill No. 14.

Bill read third time.

Remarks by Assemblywoman Leslie.

Roll call on Assembly Bill No. 14:

Yeas—42.

Nays—None.

Assembly Bill No. 14 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 15.

Bill read third time.

Remarks by Assemblywoman Leslie.

Roll call on Assembly Bill No. 15:

Yeas—42.

Nays—None.

Assembly Bill No. 15 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 119, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Also, your Committee on Commerce and Labor, to which was referred Assembly Bill
No. 190, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

David Goldwater, Chairman

general file and third reading

Assembly Bill No. 55.

Bill read third time.

Remarks by Assemblyman Anderson.

Roll call on Assembly Bill No. 55:

Yeas—42.

Nays—None.

Assembly Bill No. 55 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 75.

Bill read third time.

Remarks by Assemblyman Atkinson.

Roll call on Assembly Bill No. 75:

Yeas—42.

Nays—None.

Assembly Bill No. 75 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 105.

Bill read third time.

Remarks by Assemblyman Anderson.

Roll call on Assembly Bill No. 105:

Yeas—37.

Nays—Buckley, Collins, Gibbons, Oceguera, Perkins—5.

Assembly Bill No. 105 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 118.

Bill read third time.

Remarks by Assemblywoman Giunchigliani.

Roll call on Assembly Bill No. 118:

Yeas—36.

Nays—Andonov, Beers, Gibbons, Gustavson, Knecht, Marvel—6.

Assembly Bill No. 118 having received a constitutional majority,
Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Assembly Bill No. 175.

Bill read third time.

Remarks by Assemblyman Williams.

Roll call on Assembly Bill No. 175:

Yeas—42.

Nays—None.

Assembly Bill No. 175 having received a constitutional majority,
Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Assembly Bill No. 193.

Bill read third time.

Remarks by Assemblyman Geddes.

Roll call on Assembly Bill No. 193:

Yeas—42.

Nays—None.

Assembly Bill No. 193 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 199.

Bill read third time.

Remarks by Assemblyman Hettrick.

Roll call on Assembly Bill No. 199:

Yeas—40.

Nays—Gibbons, Goldwater—2.

Assembly Bill No. 199 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 247.

Bill read third time.

Remarks by Assemblyman Atkinson.

Roll call on Assembly Bill No. 247:

Yeas—42.

Nays—None.

Assembly Bill No. 247 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 270.

Bill read third time.

Remarks by Assemblyman Goldwater.

Mr. Speaker requested the privilege of the Chair for the purpose of making remarks.

Roll call on Assembly Bill No. 270:

Yeas—42.

Nays—None.

Assembly Bill No. 270 having received a constitutional majority,
Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Assembly Bill No. 318.

Bill read third time.

Remarks by Assemblyman Anderson.

Roll call on Assembly Bill No. 318:

Yeas—42.

Nays—None.

Assembly Bill No. 318 having received a constitutional majority,
Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Parks moved that Assembly Bill No. 361 be taken from the General File and placed on the Chief Clerk's desk.

Remarks by Assemblyman Parks.

Motion carried.

general file and third reading

Assembly Bill No. 396.

Bill read third time.

Remarks by Assemblyman Williams.

Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

Assembly in recess at 12:13 p.m.

ASSEMBLY IN SESSION

At 12:16 p.m.

Mr. Speaker presiding.

Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Williams moved that Assembly Bill No. 396 be taken from the General File and placed on the Chief Clerk's desk.

Remarks by Assemblyman Williams.

Motion carried.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

There being no objections, the Speaker and Chief Clerk signed
Assembly Bill No. 137; Assembly Concurrent Resolutions Nos. 11, 12; Senate Concurrent Resolution No. 25.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to Elizabeth Howe and
John Howe.

On request of Assemblyman Griffin, the privilege of the floor of the Assembly Chamber for this day was extended to David Osman.

On request of Assemblywoman Leslie, the privilege of the floor of the Assembly Chamber for this day was extended to Kathi Scott, Kelley Higgins, Lisa Nieberlein, Candy Cook, Holly Baker, Jackie Breach, Teresa Gonzalez, Hannah Baker, Sarah Barrow, Amber Behrendt, Trevor Bird,
Genevieve Brochtrup, Andy Cai, Henry Godinez, Tiffany Gonzalez,
Richard Hill, Austin Jones, Lovnit Kaur, Kayla Lawson, Eileen Martinez, Casey Metzger, Julien Michelot, Matthew Schulenberg, Carter Stellon, Kaylee Thomas, Kimberly Tibaduiza, Aleaha Barringer, Katie Brown,
Lyrel Fernandez, Marinn Gilis, Jacob Grueson, Bailey Hamm,
Michelle Klavuhn, Miguel Lopez, Connor Morze, Michon Newman,
Grayson Osban, Brandon Presto, Amanda Redfern, Amy Rodriguez, Candilyn Sexton, Nick Steiner, Jessica Trainer, Qumeka Davis,
Andrew Fahmy, Josh Moore, Tyler Byrnes, Kellie Jamieson,
Melanie McGarry, Jenna Peterson, Alethea Olivares, Sarah Burgoyne,
Laurel Cavallo, Luz Reyes, Francis Labrado, Kevin Breach, Mikey Blane, Mitchell Childs, Ariel Ralston, Shantelle Stillwell, Dannae Ryman,
Pervin Kaur, Jimmy Latimer, Joyce Ann Rodriquez, Josh Oucilhe,
Lily Martinez, and Cody Jackson.

On request of Assemblyman Parks, the privilege of the floor of the Assembly Chamber for this day was extended to David Bueror,
Michael Stoops, Bobby Caldwell, Marybell Batjer, Anne Cory,
Francois Obasi, Patricia Martinelli Price, Darryl Martin, Kurt Chastain, Connie Myer, Gerald Schmidt, Tom Murtha, Maurice Silva, Jacquie Moore, Sabra Smith, Anthony Mosley, Brenda Dizon, Joan Robertson,
Suzanne Thompson, Tom Bolan, Bob Wolf, Brian Brooks, Dave Burgio, Lasa Allala, David Osmond, Pauline Salla, Craig Smith, Jacob Davis,
Eseta Kaufusi, Stephanie Henderson, and Linda Lera-Randle El.

Assemblywoman Buckley moved that the Assembly adjourn until Wednesday, April 2, 2003, at 11:00 a.m.

Motion carried.

Assembly adjourned at 12:17 p.m.

Approved: Richard D. Perkins

Speaker of the Assembly

Attest: Jacqueline Sneddon